Team Kimberlin Post of the Day

Brett Kimberlin would have the world believe that he is the most special of special snowflakes and that anyone who doesn’t give him what he wants is engaged in harassment. He’s even tried to claim that a judge who ruled against him did so in order to harass him. The Legal LULZ Du Jour posted four years ago today contained a motion The Dread Deadbeat Pro-Se Kimberlin filed to have that judge removed from a case.

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Brett Kimberlin is now claiming that he is being harassed by Judge Mason:

[T]he Court has, by word and conduct, manifested bias and prejudice, and harassed Defendants based on prejudice against victims.

That’s found near the bottom of the fourth page of this—

I’m looking forward to seeing how this plays out.

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Of course, the judges that TDPK has faced during his campaign of lawfare have not tried to harass him. In fact, they’ve often allowed him to get away with inappropriate behavior because he was proceeding without legal counsel. However, it does look as if Kimberlin managed to push several courts to their limits.

The Circuit Court in Montgomery Count doesn’t usually assign most civil cases to one judge who follows from complaint to trail. Hearings are handled by whichever judge happens to be sitting on the day a hearing is scheduled, and one judge doesn’t pickup the case until it goes to trial. At least six judges handled the various preliminary hearing in the Kimberlin v. Walker, et al nuisance LOLsuit during 2013 and 2014. Kimberlin was able to tell different stories to different judges at different hearings, preventing the case from being dismissed and causing the case to go to trail—only to see the trial end in a directed verdict for the defendants when it turned out that Kimberlin didn’t have a viable case. Kimberlin’s subsequent LOsuits in the Montgomery Count Circuit court were all assigned to one judge who couldn’t be flimflammed with changing stories. Kimberlin v. National Bloggers Club, et al. (II) and Kimberlin v Hunton & Williams, et al. (II) both ended in dismissal.

The U. S. District Court caught on fairly quickly and began assigning all of Kimberlin’s cases to the same judge. Kimberlin v. National Bloggers Club, et al. (I), Kimberlin v. Hunton & Williams, et al. (I), Kimberlin v. McConnell, et al., and Kimberlin v. Breitbart Holdings, et al. were all dismissed. Kimberlin v. Frey ended with summary judgment for the defendant.

Justice isn’t harassment.

Team Kimberlin Post of the Day

Ridicule has been a prime weapon in the pushback against Team Kimberlin’s attempt to silence their critics. This post about Team Lickspittle and Minions from six years ago today goes into some details about how Team Kimberlin’s attempts to use ridicule backfired and were turned against them.

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min·ion noun \ˈmin-yən\ : a servile dependent, follower, or underling.

Team Lickspittle is not a collection of servile underlings dependent on The Grand Hog. Rather, it is a bit of shameless commerce based on a parody of the Cabin Boy’s™ lame attempt to denigrate a group of commenters here at Hogewash! who fail to suffer his foolishness gladly. It’s an exercise in appropriating one of the Cabin Boy’s™ memes for the opposite purpose he intended. Think of it as intentional infliction of deserved ridicule.

Team Lickspittle is not the only meme Hogewash! has hijacked from Schmalfeldt and his buddies at Team Kimberlin. Blogsmoke and Twittertown Sheriff were originally part of an attempted put down by Xenophon in a post at Breitbart Unmasked. Blogsmoke, Blognet, and Johnny Atsign are my response. They’re also a bit of an old-time radio dig at certain failed Internet radio formats. The Grand Hog was originally a lame bit of snark by the Cabin Boy™. I’m now selling The Grand Hog merchandise at The Hogewash Store. Schmalfeldt cropped my likeness out of a picture taken CPAC this year and used it for a “Big Hoge Is Watching You” image. I responded by using a headshot derived from the same photograph as my avatar on Twitter.

The Cabin Boy™ simply doesn’t get it. He’s never had control of the narrative. I control the vertical and the horizontal, the brightness and the contrast; my hand is on the volume knob. But that control doesn’t come from having a horde of underlings who do my bidding. It comes from the power of having truth on my side.

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The Truth is also an absolute defense to a defamation claim, but neither my codefendants in any of the Team Kimberlin LOLsuits nor I ever had to use it because no evidence was ever presented that we has said or written anything about them that was false.

Team Kimberlin Post of the Day

Back when he put up a pirate-themed website to try to raise support for his lawfare, I began referring to Brett Kimberlin as The Dread Pirate Kimberlin. After he began filing his self-represented LOLsuits, that morphed into the Dread Pro-Se Kimberlin, and after he failed to pay suctions and court costs taxed against him, that became The Deadbeat Pro-Se Kimberlin.

Although he once claimed he was attempting to retain counsel, he never was able to get a lawyer to represent him in any of his LOLsuits. The subject of his search for counsel came up in this Bonus Team Kimberlin Post of the Day on 1 April, 2014.

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The Gentle Reader who has been following the Saga of The Dread Pro-Se Kimberlin’s RICO Madness (aka Kimberlin v. The Universe, et al.) all along may remember that last December he informed the court that he was seeking legal representation.ECF 18-top

ACME LEGALAlthough TDPK appears to have been unsuccessful in retaining counsel, the Vast Hogewash! Research Organization did find this business card among some discarded papers.


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I suspect that he couldn’t find a lawyer willing to risk being sanctioned for being associated with a frivolous suit.

Team Kimberlin Post of the Day

Brett Kimberlin’s campaign of lawfare attempting to use the courts to silence people speaking and writing the truth about him has been an utter failure. Although he’s had a modicum of success defending himself in counteractions, that’s been a struggle for him, as this TKPOTD from three years ago today notes.

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While reviewing material related to the Hoge v. Kimberlin, et al. lawsuit, I noticed that all of The Dread Pro-Se Kimberlin’s written motions in that case have been denied. That’s not to say that he’s lost every motion. The judge did grant one oral motion TDPK made during the hearing last September—a motion about the timing of discovery that I agreed to.

Everything is proceeding as I have foreseen.

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I’m reminded of a line in The Princess Bride spoken by The Dread Pirate Roberts to Inigo Montoya: Get used to disappointment.

Team Kimberlin Post of the Day

An important reason for the failure of all of the legal actions filled by Team Kimberlin during their campaign of lawfare was their gross misunderstanding of the law—as this Prevarication Du Jour from four years ago today reveals.

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The Cabin Boy™ has tweeted this—Cheddar201602281636ZThe Gentle Reader who has been following Schmalfeldt’s career of cyberfoolishness will not be surprised to find that the Cabin Boy™ is wrong. Here’s the EFF’s take on the Communications Decency Act—

Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (47 U.S.C. § 230). In other words, online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. The protected intermediaries include not only regular Internet Service Providers (ISPs), but also a range of “interactive computer service providers,” including basically any online service that publishes third-party content.

CDA 230: The Most Important Law Protecting Internet Speech

Here’s what the General Counsel of Automattic, the company that owns WordPress.Com has to say about the value of 47 U.S.C. § 230’s protection afforded to publishers of third-party speech on the Internet—

I think to the extent that it protects speech, you can’t get much more expansive. I think the concept of no third-party liability is good.

You can find that and more concerning WordPress and the Communications Decency act here.

Here’s what the Seventh Circuit Court of Appeals thinks—

What §230(c)(1) says is that an online information system must not “be treated as the publisher or speaker of any information provided by” someone else.

Chicago Lawyers’ Committee for Civil Rights Under Law v. Craigslist, 519 F.3d 666, 671 (7th Cir. 2008).

No, the EFF and agree with me. So do lots of federal courts, including the Seventh Circuit Court of Appeals (Wisconsin is in the Seventh Circuit). Of course, the Cabin Boy’s™ misunderstanding of the Communications Decency Act has been pointed out to him before, but he continues to insist that his interpretation overrides the case law. It’s that sort of pigheadedness that will make his loss in LOLsuit VI: The Undiscovered Krendler so expensive.

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BTW, I originally considered titling that post as a Legal LULZ Du Jour, but on second thought it seemed that after so many losses that even Schmalfeldt would understand the protection § 230 offers and that he was now simply lying.

Team Kimberlin Post of the Day

By this time six years ago, Brett Kimberlin had filed one set of bogus criminal charges (thrown out by the Montgomery County State’s Attorney) and a couple LOLsuits (one state and one federal) claiming that I had done all sorts of bad things by truthfully reporting on his past and present activities. His complaints boiled down to a case of aggravated butthurt, and butthurt isn’t a valid cause of action for a civil suit. So six years ago today, I ran this post about Dealing with Butthurt.

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It has come to my attention that there are some folks out there on the Interwebz who are upset by some of the posts and comments on this blog. While Hogewash! isn’t in the business of giving offense for offense’s sake, I do understand that not everyone likes the way this blog covers certain topics.

In an effort to help such people deal with their issues, I’ve included this handy link to Amazon which may help soothe their pain.PreparationH96ct

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The mockery continues.

Team Kimberlin Post of the Day

As this TKPOTD from four years ago today points out, one of the major problems with Team Kimberlin’s LOLsuits was suing for things that aren’t legitimate cause of action for a civil case.

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A recurring theme in many of the Team Kimberlin LOLsuits is the inclusion of claims for nonexistent torts. For example, two of the claims in the Kimberlin v. Walker, et al. nuisance lawsuit were thrown out at summary judgment because they weren’t based on any recognized cause of action. In that case, The Dread Pro-Se Kimberlin tried to my codefendants and me for stalking and harassment, but while they are crimes, they are not torts. In the RICO Remnant LOLsuit, he’s trying to sue for conspiracy, and, as Judge Mason told him, that’s not a stand-alone tort either.

popcorn4bkThe Dreadful Pro-Se Schmalfeldt has followed in his excellent friend’s footsteps. When he filed LOLsuit I: The Emotional Picture, he included a claim for harassment. In LOLsuit IV: The Voyage to Oblivion, the Cabin Boy™ tried to sue for both harassment and conspiracy. In LOLsuit VI: The Undiscovered Krendler, … well, we’ll see.

Stay tuned.

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And they lost those cases and every other one they brought since 2012.

Batting .000 is a perfect record of sorts.