Team Kimberlin Post of the Day


The TKPOTD for four years ago today gave an accounting of Team Kimberlin’s LOLsiuits as of that date.

* * * * *

All of these cases have some things in common:

Kimberlin v. Walker, et al.; Kimberlin v. National Bloggers Club, et al. (I) (aka RICO Madness); Kimberlin v. National Bloggers Club, et al. (II) (aka RICO Retread); Kimberlin v. Hunton & Williams LLP, et al. (I) (aka RICO 2: Electric Boogaloo); Kimberlin v. Hunton & Williams LLP, et al. (II) (aka RICO 2 Retread); Schmalfeldt v. Hoge, et al. (I) (aka LOLsuit I); Hoge v. Schmalfeldt counterclaims (aka LOLsuit II); Schmalfeldt v. Johnson, et al. (aka LOLsuit III); Schmalfeldt v. Hoge, et al. (II) (aka LOLsuit IV); Schmalfeldt v. Grady, et al. (I) (aka LOLsuit V); Schmalfeldt v. Grady, et al. (II) (aka LOLsuit VI); and Schmalfeldt v. Grady, et al. (III) (aka LOLsuit VII).

Each was accompanied by great forecasts of doom for the defendants. Every time any motion or ruling went in the favor of the plaintiff, there were expansive claims made concerning the expected victory by the plaintiff. And the defendants won every single one of ’em.

Everything is proceeding as I have foreseen.

* * * * *

We can add Kimberlin v. Breitbart Holdings, et al. (aka RICO 2), Kimberlin v. McConnell, et al. (aka Supreme Nonsense), and Schmalfeldt v. Grady, et al. (IV) (aka LOLsuit VIII: Avoiding Contact) to the win column for defendants.

Q’pala!

Meanwhile, no one over at the It’s Time 2020 operation seems to have noticed any significant news relating to the November election. As of 8 pm Sunday evening, there have been no new tweet from the @itstime_2020 account since 15 September, and there doesn’t seem to be anything posted on the itstime2020 dot org website after 28 August.

Team Kimberlin Post of the Day


Three years ago today, I reached an important milestone in the LOLsuits Brett Kimberlin had filed against me. Here’s that day’s TKPOTD.

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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.

* * * * *

The Dread Deadbeat Pro-Se Kimberlin managed to maintain his perfect 0.000 batting average by losing both the Breitbart Holdings RICO 3 case and the Frey appeal.

Speaking of losing, …There were still no follower for this account as of 11:15 pm ET Tuesday evening.

Team Kimberlin Post of the Day


One of claims that Brett Kimberlin made in several of his LOLsuits was that truthful reporting about him had harmed a business relationship between Justice Through Music Project and the U. S. State Department. The TKPOTD for three years ago today dealt with that claim and posted a copy of the State Department’s response to a Freedom of Information Act request about any such relationship.

* * * * *

One of the things that The Dread Pro-Se Kimberlin has claimed in some of his LOLsuits is that the truthful reporting by my codefendants and me harmed a relationship between Justice Through Music Project and the State Department. He claimed to have had a business relationship with the State Department’s International Leadership Program to teach foreign activists how to use social media. As part of my preparation to defend those LOLsuits, I filed a Freedom of Information Act request with the State Department asking for the details of Kimberlin’s work for them.

Here is their reply—

TL;DR—We won’t admit to having anything to do with him.

Hmmmmm.

* * * * *

Yes, well, that’s from the State Department, and the FOIA request deals with activities when Hillary Clinton was Secretary of State, so it may be that information was on a wiped server in some bathroom closet. Or it may be that Kimberlin is no longer seen as useful by that element of the Deep State. Or he could have been lying. Or perhaps the correct conjunction to use is and.

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.

* * * * *

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.

* * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *
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.

Hmmmm.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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 WordPress.com 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.

* * * * *

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.

* * * * *

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

* * * * *

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.

* * * * *

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.

* * * * *

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

Batting .000 is a perfect record of sorts.

Team Kimberlin Post of the Day


One of the common threads among all of the Team Kimberlin LOLsuits has been citations of law that are simply wrong. This Acme Legal Citation Du Jour ran five years ago today.

* * * * *

@weltschmerz2015|201502091346ZThe Maryland Court of Appeals disagrees.

We observe that by reason of Jacron Sales Co. v. Sindorf, 276 Md. 580, 350 A.2d 688 (1976), much of the distinction or difference between libel per se and libel per quod has in fact disappeared. Under Maryland principles of pleading the same rules continue to apply as to the nature of the libel. That is, if the libel is readily apparent as in the situation where one is called a thief, no explanation is necessary, but in the instances which previously would have been a libel per quod, the nature of the libel must be pleaded with the same particularity as formerly. Since nominal or presumed damages no longer exist, in all libel actions Maryland pleading principles require the same type of pleading as to damages as was formerly necessary in libel per quod.

Metromedia, Inc., etc. v. Hillman, et al., 285 Md. 161, 162-3 (1979). As a result,

it is obvious that it is no longer possible in Maryland to recover damages by simply alleging a libel per se.

Id., 169.

UPDATE—Hillman was a case certified to the Court of Appeals by the U. S. District Court seeking guidance on how to handle a defamation case under Maryland law.

* * * * *

To be fair, it appears that Acme Legal has also been able to sell advice to other clients. The House Judiciary Committee comes to mind.

Team Kimberlin Post of the Day


One of the reasons that Team Kimberlin has lost all of the LOLsuits they filed is that both The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt kept ignoring various court rules. The TKPOTD for four years ago to note that failure.

* * * * *

Here’s an interesting thought: Given The Dread Pro-Se Kimberlin’s continual flouting of the Federal Rules of Civil Procedure, the Maryland Rules, and the Local Rules of both the U.S. District Court for the District of Maryland and the Circuit Court for Montgomery County, it seems that Brett Kimberlin does not subscribe to the proposition that the rules are for the little people.

* * * * *

Heh.

Team Kimberlin Post of the Day


Ah, the Streisand Effect! That’s the massive tsunami of adverse publicity that can result from an inept attempt to use lawfare to shutdown adverse publicity. Brett Kimberlin’s misuse of the courts not only magnified the attention focused on his past and present activities, it backfired in court. The TKPOTD for four years ago today described one aspect of how his brass knuckles reputation was doing him more harm than good.

* * * * *

Here’s another fun factoid from the results of The Dread Pro-Se Kimberlin’s campaign of lawfare against Aaron Walker. For four years now, TDPK’s has been lying about what happened during his confrontation with Aaron outside of Judge Rupp’s courtroom on 9 January, 2012. His claim that he was assaulted has been rejected by every judge that has examined it. When he sought his first peace order against Aaron, the judge found that harassment could be a basis for the order but not assault. (Note that the order was overturned on appeal because there was no evidence of harassment either.) Most recently, he sued Aaron in the RICO Retread LOLsuit alleging battery during the 2012 courthouse incident, and he lost, so now TDPK has both the doctrines collateral estoppel and res judicata preventing him from being able to sue again about the assault that never happened.Shirts

Brett Kimberlin’s campaign of lawfare has not only failed to silence his critics, it is having the additional effect of vindicating them. The Streisand Effect merely results in boomeranged publicity. The Kimberlin Effect is turning out to be even more disastrous.

It’s gonna take a while for the whole story to play out, but I’ll be covering it here.

Stay tuned.

* * * * *

It took a bit longer for The Dread Deadbeat Pro-Se Kimberlin to get get over his craving for disastrous LOLsuits, and there are still a few loose end.

Team Kimberlin Post of the Day


One of the reasons that Bill Schmalfeldt has been such an ineffective PR flack for Team Kimberlin is that he has never been able to keep any of his multitudinous web identities in place long enough to establish any real brand identity or following outside of a few members of Team Kimberlin and a larger group of people he has harass and who keep an eye on him. The TKPOTD from four years ago today dealt with one of the many times the Cabin Boy™ has run back under the porch when confronted by Reality.

* * * * *

NQ20160113Yesterday evening, the Cabin Boy™ took his YouGetNoQuarter Twitter account private again. I’ve lost track of the number of times that he’s run away and hidden from public view.

It must be depressing to believe one must conduct so much of one’s affairs skulking away from the light. OTOH, the urge to hide such a blatantly misleading tweet as the one on the left must be overwhelming.

Of course, the Cabin Boy™ hasn’t completely disappeared from the Internet. He was wasting Dave Alexander’s bandwidth by commenting over at the Craft Blog yesterday evening.

res_judicata_mugsOne of the things he was going on about over there was his incorrect notion that he has grounds sue Roy Schmalfeldt over allegations Roy has made about Bill being a rapist. The Cabin Boy™ sued Roy about that last summer, and his suit was dismissed with prejudice. That means that he can’t sue Roy about those allegations again because the dismissal counts as a finding on the merits that what Roy said was not false. IANAL, but if the statements weren’t false before the Cabin Boy™ sued, they still shouldn’t be false if they are repeated now. Res judicata and all that. More important, res judicata applies to any claim that Schmalfeldt might have been able to bring against any of the defendants he named in his Grady, et al. (I) LOLsuit. Again, IANAl, but it seems that the Cabin Boy™ is barred from suing any of those individuals again for repeating anything they said about him before 19 August, 2015, when the suit was dismissed.

The Cabin Boy™ had a right to a day in court with them over those issues, but he waived it by dismissing his suit with prejudice.

#GameOver

* * * * *

Meanwhile, the Cabin Boy’s™ (at)BayCountryCafe and (at)ThePortlyPundit Twitter accounts have been quiet since 23 December and 3 January, respectively.

Plus ça change, plus c’est la même chose.

Team Kimberlin Post of the Day


Some of the lies that Team Kimberlin have told have been so transparently false that one wonders why they bothered to tell them. This Prevarication Du Jour is from six years ago today.

* * * * *

Down at the bottom of the Breitbart Unmasked webpage (No, I won’t link to it.), there’s a series of numbers that increments several clicks upward each time the page is reloaded. It’s a fake traffic counter. Here’s what it looked like just before 9 am ET this morning.BUcounterOver a million-and-a-half hits! And complete bullshit. At the same time, the all-time page view counter for Hogewash! was ticking past 782,000. Hogewash! is an older blog than Breitbart Unmasked, and since BU has been online, this blog has always had substantially more traffic. Indeed, for the last few months, BU‘s daily traffic has struggled to match an average hour’s at this blog.

So why have the bogus counter? If it were on the Justice Through Music Project or Velvet Revolution US sites, it might make sense. (“Look, see! We’ve got lots of traffic. We’re effective.”) Is the lying so compulsive that … oh, never mind.

* * * * *

That bogus hit counter didn’t survive one of the early respins of the BU site design. Not that it matters any more. The site is essentially defunct and hasn’t had any new material posted in over a year. Meanwhile, Patterico’s Pontification, The Other McCain, Hogewash!, and the sites of the other defendants in The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits are still in business.

Team Kimberlin Post of the Day


Of course, a significant tool in dealing with Team Kimberlin has been pointage, laughery, and mockification. This piece called Who’s On First? first ran six years ago today.

* * * * *

Reading the various versions of Team Kimberlin’s claims about the “organization” that has been “persecuting” The Dread Pro-Se Kimberlin, one wonders which “organization” is he suing? There’s Team Akbar, Team Lickspittle, a group led initially by Andrew Breitbart and now by a person or persons unknown, a group led by Patrick Frey (aka PatteRICO),  a group …

When I try to parse all the nonsense, the result is I don’t know. (Third Base!)

If I weren’t a defendant in both of his frivolous and vexatious lawsuits, I’d be tempted to be like the Shortstop.

UPDATE—Stacy McCain says I’m not his agent.

* * * * *

And all of their LOLsuits have struck out.

Team Kimberlin Post of the Day


The multiple LOLsuit filed by Team Kimberlin against me and my co-defendants have been a pain in the neck (or a couple of feet lower). OTOH, I have enjoyed watching The Dread Deadbeat Pro-Se Kimberlin and the Dreadful Pro-Se Schmalfeldt out-lawyer themselves. The TKPOTD from two years ago today dealt with on nice blunder by Kimberlin.

* * * * *

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.

* * * * *

And when TDPK tried to use the forged tweets in another trial, they were inadmissible.

Heh.

Team Kimberlin Post of the Day


Throughout The Saga of Team Kimberlin, one common thread has been pointage, laughery, and mockification of The Dread Deadbeat Pro-Se Kimberlin’s inept lawfare and his “reporters” (at sites such as Breitbart Unmasked Bunny Billy Boy Unread) ludicrous attempts to put a positive spin on those failed LOLsuits. Take the TKPOTD from three years ago as an example—

* * * * *

Here’s another post that has been memory-holed over at Bretibart Unmasked Bunny Boy UnreadBU20121206wingnutsThe post celebrates the dismissal of the Walker v. Kimberlin, et al. suit filed in Virginia against The Dread Pro-Se Kimberlin. Indeed, Kimberlin did win a couple of suits filed against him in 2012, but he lost everything he filed against anyone in 2012, and he’s lost everything else he’s filed that has been decided since then.

Kimberlin v. Walker (I) peace order petition—Denied

Kimberlin v. Walker (II) peace order petition—Denied

Kimberlin v. Norton peace order petition—Denied

Kimberlin v, Walker, et al. nuisance LOLsuit—Summary Judgment and Directed Verdict for Defendants Walker, McCain, Ali, and Hoge

Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit—Dismissed against Defendants National Bloggers Club, Ali, McCain, Walker, Malkin, Twitchy, Erickson, RedState, Beck, Mercury Radio Arts, The Blaze, Nagy, Stranahan, Backer, DB Capitol Service, Breitbart, Ace of Spades, and Hoge and Partially Dismissed against Defendant Frey. Appeal to the Fourth Circuit—Denied

Kimberlin v. Hoge peace order petition—Denied

Kimberlin v. Home Depot—Dismissed

Kimberlin v. National Bloggers Club (II) RICO Retread LOLsuit—Dismissed against Defendants Breitbart, Malkin, Twitchy, Beck, Mercury Radio Arts, and The Blaze

Also, all the criminal charges that TDPK has tried for file against either Aaron Walker or me have been thrown out.

wingnutIt’s seems that we wingnuts who have been predicting the failure of Brett Kimberlin’s lawfare have a pretty good track record. Since 2012, he’s batting 0.000, and we’re batting 1.000. TDPK may get a few hits before the game gets called, but he’s still going to lose more that he wins going forward.

If I weren’t one of the targets of his lawfare, I might find this more amusing.

Stay tuned.

UPDATE—The scrapbook of more recent events would include this:

* * * * *

All of the LOLsuit Kimberlin filed since that post was written have failed as well, as have The Dreadful Pro-Se Schmalfeldt’s LOLsuits I through VIII and his peace order petition against Patrick Grady.

Losing losers gotta lose.

Team Kimberlin Post of the Day


Four years ago, The Dreadful Pro-Schmalfeldt was just getting started with his LOLsuits. This post titled In Re a Copyright deals with some of his shenanigans in the run up to the first case, LOLsuit: The Emotional Picture.

* * * * *

Bill Schmalfeldt recently published a book called Intentional Infliction. On pages 3 through 12 he published without permission a blog post by the pseudonymous blogger Paul Krendler. Schmalfeldt bragged that he could do so without penalty: “I doubt he will try to sue me for copyright, since he would have to review [sic] his actual name.” Mr. Krendler objected to Schmalfeldt’s misappropriation of his work and sought a way to enforce his copyright.

Mr. Krendler has sold the world book and ebook rights to the web posting in question to me. He has retained all other rights. I now own the rights to publish the material in book or ebook form, and I have taken the initial steps to enforce those rights.

UPDATE—The Cabin Boy™ is acting as if he believes he’s some sort of Grand Inquisitor.@PatO201404302244ZIt’s none of his business.

* * * * *

The Cabin Boy’s™ lawfare has not gone well for him. He may file LOLsuit IX. If he does, he will have to give the court in which he files a valid address for service.

Have I mentioned that I’m not done with him yet?

Team Kimberlin Post of the Day


One of the claims that The Dread Deadbeat Pro-Se Kimberlin has made in his LOLsuits is that all of us bloggers writing truthful things about him have hurt his ability to write and produce his songs and music videos. As this post from five years ago demonstrates, some folks might view a reduction in The Dread Deadbeat Performers output to be a good thing.

* * * * *

Brett Kimberlin fancies himself a great musician. (H/T, Kimberlin Unmaksked)

The term “delusions of adequacy” comes to mind.

UPDATE—Here’s a statement made by a Justice Through Music Project spokesman (not Brett Kimberlin) about the time this video was released:

We want videos that have staying power, that make a cultural statement, and that have an emotional component to them so that they will influence youth. Politicians spend hundreds of millions if not billions of dollars on ads to influence middle class America, and they basically ignore young people totally; and we feel like the music videos are like the cultural statements or the ads for young people, so we hope to get them involved and influence them to make the right decision in November.

Uh, huh.

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Kimberlin and Op-Critical really ought to do a cover of I Fought the Law (And the Law Won).

Team Kimberlin Post of the Day


Yesterday’s TKPOTD dealt with how Team Kimberlin in general and Bill Schmalfeldt in particular have managed to do more damage to themselves with their lawfare than they have to the defendants they have targeted. That TKPOTD republished my suggestion from four years ago yesterday that Schmalfeldt “give it a rest.” He didn’t take my advice as can be seen from this post from four years ago today.

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@PatO201404222334ZThat is for me to know and the Cabin Boy™ to find out. It is unlikely that he would enjoy the experience. Consider the following:

Of all the people that Bill Schmalfeldt has harassed, I’m the only one who has been able to do anything to hold him accountable for his actions. In the process of my doing that over the past year, the Cabin Boy™ has been exposed to the world for what he is—an ineffective, incompetent, talentless, vile, and cowardly loudmouth who is full of bluster but lacking in substance.

Stacy McCain has observed that “the best way to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.” Indeed, allowing Schmalfeldt to act out, allowing him to show his true self over the past year, has allowed him to destroy his own credibility. The most benign view that anyone, including law enforcement, has of him is as a harmless loonie who is a bit of a pain-in-the-ass. That is true not only in Maryland, but in other states as well, and not everyone’s opinion is so benign.

Moreover, the past year has shown the Cabin Boy™ to be a loser. The peace order stuck. His motion for modification was denied. His appeal of the peace order was denied. The six-month extension was granted. There was no probable cause found when he tried to file a perjury charge against me in Carroll County. He’s had even poorer luck on his home turf in Howard County. The only reason he isn’t in the Carroll County Detention Center (or Springfield State Hospital) right now is because I agreed to drop charges. And the whole copyright infringement thing over the past few days … oh, never mind.

You get the picture, don’t you, Gentle Reader? Each new thing the Cabin Boy™ tries winds up showing him to be a bigger fool, a sorrier sore loser. So, beyond saying that I will keep allowing the Cabin Boy™ to make of fool of himself if he insists and to hand me another win, I see no need to give him any help.

I doubt that Bill Schmalfeldt has enough sense to leave me alone. I expect he will do something stupid.

Stay tuned.

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Not long after that, The Dreadful Pro-Se Schmalfeldt filed LOLsuit: The Emotional Picture which he withdrew after only a couple of days. LOLsuits II through VIII have since provided bountiful sources of pointage, laughery, and mockification.

And to borrow a phrase: The Mockery Continues.

He was warned.

Everything proceeded as I had foreseen, and I’m not through with him yet.

Team Kimberlin Post of the Day


Team Kimberlin’s lawfare has been an attempt to use the courts to wage war on the First Amendment rights of their critics. The campaign has been almost universally unsuccessful, first because both the facts and the law were against them, but also because of their lack of understanding on how to conduct such a campaign.

War is war, and there are principles which all successful campaigns (other than those that succeed through dumb luck) follow. When I was an ROTC cadet, the military doctrine I was taught was encapsulated in the Nine Principles of War: Objective, Offensive, Mass, Economy of Force, Maneuver, Unity of Command, Security, Surprise, and Simplicity. Team Kimberlin has failed to properly follow these principles while the targets of their lawfare have routinely used these principles to defend themselves and push back.

Over the next few day, I’ll be recounting some examples of Team Kimberlin’s failures and their targets’ successes.

Stay tuned.

Team Kimberlin Post of the Day


2016APR07 smallI’ve enjoyed reporting the news relating to the The Dread Pro-Se Kimberlin’s LOLsuits over the past couple of weeks. You can see it in the expression on my face in this picture Lee Stranahan took as I was typing the Qapla’ post last Thursday.

For those Gentle Readers who may have missed some of the action, here’s a brief recap—

On 29 March, Judge Hazel put the Kimberlin v. Hunton & Williams LLP, et al. lawsuit (AKA Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit) out of its misery and dismissed it with prejudice. On 1 April, Kimberlin tried to file a “Notice to the Court” offering a frivolous argument against dismissing the case. On 4 April, Judge Hazel returned the “Notice” along with a form letter saying that the case was closed.

Also, April Fool’s Day was the last day for discovery in the Kimberlin v. Frey lawsuit (AKA the RICO Remnant LOLsuit because it’s the dying ember of TDPK’s first RICO case). Kimberlin has sent out a raft of defective subpoenas, and he has whined to Judge Hazel about the lack of third-party cooperation. Last Wednesday, the U. S. Chamber of Commerce filed a motion to quash a bizarre, untimely subpoena they received from Kimberlin in the Frey case. Kimberlin has an open motion for sanction against me in this case because he is unhappy with the material I voluntarily provided in response to a defective subpoena he sent me. Because the responsive items I had were innocuous, I decided to let him have them rather than have to deal with a motion to compel. Given his reaction, I doubt I will ever voluntarily give him anything again. Murum aries attigit.

On Thursday, there was a hearing on the remaining open motions to dismiss in the Kimberlin v. National Bloggers Club, et al. (II) lawsuit (AKA as the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit). Judge Mason dismissed all four defendants whose motions were heard: Dan Backer, DB Capitol Services, Lee Stranahan, and me. Three unserved defendants remain—Ali Akbar, the National Bloggers Club, and Patrick Frey—along with Mandy Nagy, who is unable to help with her own defense because of the effects of stroke she suffered. The case will not have a final disposition until it is resolved against those defendants; it cannot be appealed until there is a final disposition.

On Friday, my co-appellees and I received word that the Maryland Court of Special Appeals had denied Kimberlin’s motion for reconsideration of their denial of his appeal in the first state case, Kimberlin v. Walker, et al. The court also assessed over $3,700 in costs against Kimberlin.

So, as of now, every one of Kimberlin’s suits against me has failed. The only open item remaining is his motion for sanctions concerning a subpoena in the Frey case. His appeal in the first state case has failed. He can file a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court), but that court is not likely to accept the case. He can’t appeal the second state case yet. If he does, he’ll have to argue that the dismissals, at least one of which was partially based that court’s findings in his previous appeal, were in error. He can’t appeal the first RICO case either until the claim against Frey is disposed of.

For now, his only real option to continue making good on his statement that I should expect to be sued for the rest of my life is to appeal the dismissal of the Team Themis case to the Fourth Circuit. As I have written before, my strategy for the case has assumed such an appeal from Day One.

Go ahead. Make my day.