Team Kimberlin Post of the Day

Neal Rauhauser’s proposal to use pro se litigation as an inexpensive way to inflict sufficient aggravation and financial hardship on individuals and organizations on the Right which would cause them to offer favorable settlements may have looked good in theory, but it had one significant bug. It turned out that most of the defendants sued by Team Kimberlin believed that their First Amendment rights were worth defending regardless of the cost. It also had another fatal problem: no one on Team Kimberlin is a competent pro se litigator. After a bit of experience with Team Kimberlin’s shenanigans, the courts lost patience and began enforcing the applicable rules of civil procedure. This post from seven years ago today dealt with Brett Kimberlin’s recurring cry “But, You Honor, I’m Pro Se.”

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The Dread Pro-Se Kimberlin repeats that whine in every court appearance and in almost every written pleading. It’s beginning to look as if he’s worn out that excuse.

Judge Joan Ryon: “Don’t even use that with me.” Kimberlin v. Walker, et al.

Judge Roger Titus: “The Plaintiff is no stranger to the processes of this Court … he commenced numerous cases in this Court  …” Kimberlin v. Kimberlin Unmasked.

TDPK is running up against the principle that “[l]iberal construction does not mean that a court can ignore a clear failure in the pleading to allege facts that set forth a claim cognizable in a federal district court.” Solomon v. Dawson, Case No. 13-CV-01951, ECF No. 5. (D. Md. 2013). That ruling was by Judge Paul Grimm.

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Judge Grimm was the judge initially assigned to the federal RICO Madness LOLsuit. He was replaced by Judge Hazel who did a reasonable job of keeping Kimberlin under control. Eventually, the District Court began assigning all of Kimberlin’s LOLsuits to Judge Hazel.

The same sort of thing happened in the state LOLsuits. The normal practice in Montgomery County is for pretrial hearings to be handled whichever judge is sitting on the day that the hearing is scheduled. Beginning with the RICO Remnant LOLsuit, all of Kimberlin’s cases were exclusively handled by Judge Mason. That meant when Kimberlin couldn’t keep his stories straight from hearing to hearing, the judge presiding was able to catch his inconsistencies.

Team Kimberlin Post of the Day

Team Kimberlin’s campaign attempting use lawfare in the form of defamation LOLsuits and bogus criminal charges as a means of silencing their critics blew up in their faces when almost all of the defendants vigorously stood up for our First Amendment free speech and free press rights. Eight years ago today, I wrote this post, Blog It Now, about why we bloggers were pushing back against being cancelled.

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In an earlier post today I alluded to Edward R. Murrow’s 1954 See It Now broadcast about Senator Joseph McCarthy. Whether or not one agrees with Murrow’s conclusions, that broadcast is an excellent example of using someone’s own words as criticism against him. Given the various lawfare tactics used by Team Kimberlin over the past couple of years, I’d like to offer this paraphrase of Murrow’s closing words from that broadcast:

We will not be driven by fear if we dig deep in our history and our doctrine and remember that we are not descended from fearful men—not men who feared to write, to speak, to associate, and to defend their causes. This is no time for men who oppose Team Kimberlin’s methods to keep silent. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a free citizen to abdicate his responsibility. As bloggers we have come into our full inheritance at a tender age. We proclaim ourselves defenders of free speech wherever it exists, but we cannot defend freedom for ourselves by deserting it for others.

The actions of the Cabin Boy from Team Kimberlin have caused alarm and dismay to some amongst our ranks and have given considerable comfort to the enemies of free speech. And whose fault is that? Not really his. He didn’t create a situation of fear; he has merely been used to exploit it. If we allow him to succeed, then Cassius was right. “The fault, dear Brutus, is not in our stars, but in ourselves.”

Good night and good luck. Stay tuned.

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I’m beginning to believe that Kimberlin’s lawfare was a dry run for a proposed larger use of defamation lawsuits by the Left for the purpose of shutting down effective voices on the Right. The initial proposal for the lawsuits came from a minor-league Democrat operative named Neal Rauhauser. Rauhuaser, who appears to have connections to Democrats such as Anthony Weiner, was working with Kimberlin during the period when the first cases were filed. He theorized that the targeted defendants would be intimidated by the suits and would settle out of court. However, it turned out that while we were deplorable, we weren’t a bunch of Neanderthals, and we weren’t frightened and confused by the modern legal system. We fought back and won.

Lawsuits have been a favorite tool for the Left, but I believe Kimberlin’s rather spectacular failures have caused the Left to look for different means of stifling the Right’s free speech, and I note, for example, Twitter began seriously purging accounts of folks on the Right within days of Kimberlin’s first RICO LOLsuit being dismissed.

We won the skirmish with Team Kimberlin because we had the facts and the law on our side and because we were in a venue where the facts and the law mattered.

The battle over cancellation is now in a venue where neither the facts nor the law will matter. If we can’t move the contest to a more favorable venue, we will need to master the rules of the new battleground.

And soon.

Team Kimberlin Post of the Day

This post titled Connecting Some of the Dots links to an interview Stacy McCain did with Brandon Darby. That interview points out the connections between Team Kimberlin and other leftists. When the post was published eight years ago today, Brett Kimberlin was being referred to a “Lord Voldemort (He Who Must Not Be Named Under Penalty of Peace Order)” because the unconstitutional gag order issued against Aaron Walker was still in effect.

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Stacy McCain has published an interview with Brandon Darby about the connections between Brett Kimberlin Lord Voldemort, Neal Rauhauser, and mainstream progressives.

The story seems complicated until you put it into the historical perspective it exists within. Then it is quite simple. Left media doesn’t cover the story because many of them are involved with the networks of operatives we are discussing.

Read the whole thing.

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Seriously, go read that interview. It lays out some of the ways that Team Kimberlin has been used as “well funded and organized shock troops whose goal is to destroy anyone who challenges their masters.” Brett Kimberlin has testified under oath that he and his associates were working with the Department of Justice on election hacking during the 2016 election, and he’s been deeply involved with some rather … umm … interesting Ukrainians and Ukrainian-Americans.

Will things get interesting this year?

Team Kimberlin Post of the Day

While I was reviewing posts on the Internet as part of research about [redacted], I was reminded of some comments posted to Breitbart Unmasked Bunny Billy Unread by a sock puppet called “Texas Tim.” As the Gentle Reader will see from the evidence below, Brett Kimberlin was/is almost certainly Texas Tim.

Consider this excerpt from a long comment to the main BU post about BlogBash 2013.It contains a bunch of lies and one interesting tell. Let’s start with the tell, “… and my wife …” According to Tetyana Kimberlin, there were only five people involved in Kimberlin’s demonstration at BlogBash 2013. They were Craig Gillette (the photographer in the blue parka), Brett Kimberlin, Tetyana Kimberlin, and her two daughters. Brett Kimberlin was the only person there with his wife.

Now, to the lies. First, there is no record of any cooperation between the PG County Police and Brett Kimberlin, Justice Through Music Project, or VelvetRevolution.US (now Protect Our Elections/EMPR Inc.). However, there is evidence suggesting that threats made to the BlogBash venue by Brett Kimberlin and Neal Rauhauser did result in an increased police presence in the neighborhood during the event.

Second, the only “carding” that went on at BlogBash was to verify that people entering were on the guest list. It was a private, by-invitation-only event. As to whether anyone was carrying, …

Third, the only “imam” joining Kimberlin’s protest was Kimberlin himself with his head wrapped in a keffiyeh. Tetyana Kimberlin has said that she took these pictures of Brett Kimberlin using his phone. I downloaded them from the BU website.

So there’s reasonable evidence pointing to Brett Kimberlin as Texas Tim.

Texas Tim’s comments during early 2013 were often connected to Islam and to intelligence agencies. For example, note the hat in the picture above right. For a further example, here’s the first part of a long screed from a memory-holed post “Aaron Walker ‘Appears’ on Huff Post Live to Talk ‘Swatting'”.

BU went quiet for the months of May, June, and July in 2013. Texas Tim posted these comments to the last post in April.Dagestan is a republic in Russia on the western side of the Caspian Sea. During early 2013, it was still in the throws of trouble overflowing from the neighboring republic of Chechnya. Makhachkala is the site of the most prominent mosque in the region. Was Kimberlin in Dagestan, or are these comments just another bit of false narrative?

BTW, the Salon post linked to in the bottom comment deals with some of the organizations Kimberlin sued in the RICO 2: Electric Boogaloo LOLsuit.

There are interesting data points here. These dots are connected, and determining if and how they might also connect to [redacted] will be enlightening.

Team Kimberlin Post of the Day

The Dread Deadbeat Protector Kimberlin says that he’s been working with the Department of Justice to protect the integrity of our elections. He’s says that hacking has been involved. Some folks have suggested to me that Kimberlin has been blowing smoke, that he’s just trying to inflate his importance and attract hits on the Donate buttons on his websites. Lee Stranahan has been looking into Kimberlin’s activities, and Lee presented some of the information that he’s found on Periscope yesterday.The Periscope video can be viewed here. It has an … um …. interesting … yeah, that’s the word … interesting cast of characters.

Team Kimberlin Post of the Day

Team Kimberlin tells lies, and sometimes those lies get a bit of circulation beyond Team Kimberlin’s own websites. This post about #BrettKimberlin’s Latest Lies from six years ago today deals with one example of how Team Kimberlin tried to influence the 2012 presidential election.

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Stacy McCain has a summary of Team Kimberlin’s latest lying attack. This one is aimed at a Romney campaign staffer. Posting at Democratic Revolution as under the name of one of his not-for-profits (a cheesy outfit I call the Velveeta Revolution), Team Kimberlin accuses Romney staffer Bill Murray of fraud. That posting relies on an article at The Democratic Daily [memory-holed link] by Alex Brant-Zawadzki. Mr. Brant-Zawadzki is a cyber colleague of Neal Rauhauser. Mr. Rauhauser works with Brett Kimberlin at Velveeta Revolution.

As Stacy McCain notes:

Brant-Zawadzki’s article (“Romney Staffer Committing Charitable Fraud“) refers to the American Liberty Alliance, a Tea Party-oriented project launched by Eric Odom in 2009 that was subsequently dissolved, as well as the National Bloggers Club, as points of association between Murphy and Ali Akbar, a conservative New Media strategist who is president of the National Bloggers Club. Brant-Zawadzki’s claim that the club is a “fraud” appears to be based entirely on the fact that the non-profit has not yet filed its first report with the Internal Revenue Service. Yet as Akbar has explained, the club was only organized in February of this year, and has up to one full year to report its activities to the IRS.

I’ll bet that the National Bloggers Club could be persuaded to open its books for an audit if either the Justice Through Music Project or (OK, I’ll use it’s legal name) the Velvet Revolution did the same.

Put up or shut up, Mr. Kimberlin.

UPDATE—There’s been some buzz on the Interwebs about whether or not the National Bloggers Club is a 503(c)(3) organization. In order to determine that, we can look at 26 USC 503(c):

(c) List of exempt organizations

(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

IANAL, but from what I know about the National Bloggers Club it seems to fit that description. Some people are writing that because NBC has not filed with the IRS yet for recognition of an exemption, they are not organized as a 503(c)(3) entity. That doesn’t seem to be what the Internal Revenue Code requires. Indeed, the IRS web page on how to register as a 501(c)(3) has this:

Generally, organizations required to apply for recognition of exemption must notify the Service within 27 months from the date of their formation to be treated as described in section 501(c)(3) from the date formed.

Clearly, NBC is within that 27 month window. There really is nothing to see here. We do need to move along and stop feeding the trolls.

UPDATE 2—As I mentioned above, IANAL nor am I any sort of tax professional. However, I have been a director or trustee of several 501(c)(3) organizations and was the Treasurer responsible for IRS filings at one. I write based on that experience. There’s someone hiding behind a nom de cyber who is trying to post incomplete (and therefore misleading) information about what a 501(c)(3) organization is required to do and when it is required to do it. Nice try, but you’re blocked.

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The Dread Deadbeat Pro-Se Kimberlin continued his lying attack against the National Bloggers Club, spinning a false narrative in his RICO Madness LOLsuit court filings alleging that NBC had not even filed for 501(c)(3) status. He kept it up until NBC received its acknowledgement from the IRS as a 501(c)(3) organization.

#AuditJusticeThroughMusicProject

And In Other Good First Amendment News …

The largest anti-SLAPP penalty ever awarded is now the largest anti-SLAPP penalty ever reversed and remanded. The 2nd State Court of Appeals in Fort Worth, Texas, found the 67th State District Court in Fort Worth had abused its discretion in awarding Neal Rauhauser more than $300,000 in attorney’s fees, $150,000 in sanctions (initial sanction award was $1,000,000), and additional non-monetary sanctions not authorized by the Texas Citizen’s Participation Act (TCPA). The court further ordered Appellee Neal Rauhauser to pay all costs of the appeal to the prevailing parties, James McGibney and ViaView, Inc., the parent company of the BullyVille website.

James McGibney stated, “It’s not an everyday occurrence that you see a fugitive, with four outstanding warrants for their arrest, win and then, in dramatic fashion, lose one million dollars, without ever stepping foot in a courtroom. That’s exactly what happened to defendant Neal Rauhauser, and we are grateful that the SecondCourt of Appeals found in our favor.”

Everything is proceeding as I have foreseen.

UPDATE—More here.

Team Kimberlin Post of the Day

Xenophon (the Troll) made a bunch of New Year’s predictions over at Breitbart Unmasked (No, I won’t link to ’em.).BU20131231

The Dread Pro-Se Kimberlin seems very much fixated on finding the identity of Kimberlin Unmasked. One wonders what the exact reason might be, but I suspect that it’s jealousy. The Kimberlin Unmasked website and Twitter accounts have done an marvelous job of skewering TDPK with humor, whereas the various Team Kimberlin sites … well, if you can’t say something nice … you may be talking about Team Kimberlin.

I don’t know the identity of Kimberlin Unmasked, and I doubt that any of the members of Team Kimberlin know who he/she/they KU is/are. The rumors Team Kimberlin have tried to circulate range from silly to downright wacko, as you can see above.

Actually, the best rumor I’ve heard is that Kimberlin Unmasked is Neal Rauhauser and that he started the accounts because he got upset when a check from the Bermuda bank bounced.

But there’s probably nothing to it.

Team Kimberlin Post of the Day

I must admit that the first time that I became aware of the hacker group Cabin Cr3w was when I read about them in a rather strange post at Breitbart Unmasked (No, I won’t link to it.) that purports to explain why Bill Schmalfeldt is referred to as The Cabin Boy.

Cabin Boy Bill Schmalfeldt received that title in a comment to a blog post last year, and the nickname stuck. It fit in with The Dread Pirate Kimberlin theme used to poke fun at Kimberlin’s Bloggers Offense Team web site (NIWLTI).

Of course, most of what appears at Breitbart Unmasked is pure nonsense. The Cabin Cr3w post appears to follow the usual accuse the accuser tactic that Team Kimberlin favors. I wonder if that will backfire in this case. If accusing me of what they’re doing is their method, there may be some inadvertent leads in that post. (Wow. I got their, they’re, and there all in one sentence.)

Or maybe not.

Team Kimberlin Post of the Day

The Gentle Reader should not think that only one member of Team Kimberlin is sending those specious comment attempts to Hogewash!; there’s enough variation in style and subject matter to make it likely that there’s more than one source. Today, bizarre selection almost makes me wonder if they have some intramural competition going to see who can come up with the silliest comment.TK20130716

OK, Gentle Readers, who do you think meamsogenius is?

Team Kimberlin Post of the Day

Stacy McCain was not the source of this attempted comment. There’s nothing wrong per se with commenting here at Hogewash! using a nom de cyber, but using someone else identity violates this site’s Terms of Service and may constitute the crime of unauthorized access to a computer system.TK201307112111Z

So which anonymous coward from Team Kimberlin sent this one?

Team Kimberlin Post of the Day

Let’s play another round of Guess the Anonymous Coward.TK20130712c

Which member of Team Kimberlin attempted to send this post?

Team Kimberlin Post of the Day

You can tell when things get under Team Kimberlin’s skin. Their rhetoric becomes even more unhinged. Considered this attempted post from one of their anonymous cowards.TK20130712d

So, Gentle Reader, who do you think is the anonymous coward behind this comment?

Team Kimberlin—A Review

I’ve been blogging about the Team Kimberlin story since Lee Stranahan kicked off the Everybody Blog About Brett Kimberlin Day last May. Since July, I’ve done some original reporting on the Kimberlin v. Walker and Walker v. Kimberlin cases because they have been playing out in courthouses near my house.

I sometime forget that not everyone has followed those cases or the larger Team Kimberlin story as closely as I have, so it’s time for a bit of review. Stacy McCain has been on the story longer than I have. Here is a summary he posted last December that explains some of the background of the broader story.

First Mate #NealRauhauser’s Failing Memory

I know that I said that I wasn’t going to pay much attention to Team Kimberlin until after the election, but both of FMNR’s regular blog readers have emailed me about this, so I thought I’d pass it along. He has a post up called Understanding Everybody Blog About Brett Kimberlin Day (no, I won’t link to it) in which he says that the blogburst

was triggered by Aaron Walker’s May 22nd arrest for a peace order violation.

The stress of the truth closing in must be affecting FMNR’s memory.

22 May was the date of TDPK’s ex parte hearing related to the peace order and alleged violations. Mr. Walker was arrested at the 29 May hearing. FMNR should know that because he was present at the 29 May hearing. The timing of the hearings and Mr. Walker’s arrest are matters of public record. Neal Rauhauser was seen at the 29 May hearing.

<mockery>At the tail end of his post, FMNR hints darkly that indictments may be brewing and he advises against cleaning up the record because a U. S. Attorney might call that obstruction of justice. He and the rest of Team Kimberlin might want to remember that. Tax evasion, possession of a firearm by a prohibited person, interstate threats, etc., are all matters that a U. S. Attorney might find interesting.</mockery>

It’s fascinating to watch how the wheels are beginning to come off the clown car as it careens about trying to avoid a collision with the truth. I wonder which member of Team Kimberlin will bail out first in an attempt to mitigate the consequences due him.

We’ll see. Stay tuned

UPDATE–As is noted in the first comment below, the Everybody Blog About Brett Kimberlin blogburst was on 25 May, before Aaron Walker was arrested. Not only is FMNR appearing to have memory issues, he seems to have lost his grip on the concept of cause and effect.

On the Publication of Sealed Documents

I do not have any of the discovery materials for any of the parties in the Virginia Walker v. Kimberlin, et al. civil suit. I am not a party to the suit, but I was in the courtroom when Judge Potter ordered that the materials be kept confidential, for the eyes of counsel and the judge only. While that order does not apply to me, I believe that I should honor it. I would not publish any of that information if I had it. I blog on this matter as an independent reporter. I’m not a employee or agent of either Aaron Walker or his lawyer. If I were, I would lose the protection that my confidential sources and I enjoy under Maryland’s Reporter’s Shield Law.

Information from the material given to TDPK by Aaron Walker has been selectively leaked in violation of the judge’s order. I don’t see how that can be anything other than a serious error. Violating the judge’s instruction will likely come back to haunt TDPK during the sanctions portion of the hearing on 4 December.

Furthermore, the leaked material actually helps make Aaron Walker’s case. IANAL, so I’ll let commenter BigSkyBob explain how it supports Mr. and Mrs. Walker. If I were on a jury and that were all the evidence I saw, the only question in my mind would be how large the judgment against their former employer should be.

First Mate #NealRauhauser Makes an Unforced Error

After a long day (it’s over 80 miles to Manassas from my house) of non-action in court reporting, I decided to take a look at FMNR’s Kookpocalypse. The site started to look like a nothing-to-see-here-move-along waste of time until I spotted an item he had posted that could only have come to him from The Dread Pirate Kimberlin and that TDPK could only have acquired through discovery in the Virginia Walker v. Kimberlin, et al. lawsuit.

Judge Potter specifically told TDPK on 5 October that discovery was to be kept confidential between the parties, for counsel’s eyes only. Since TDPK is proceeding pro se, that means there is no one else with whom he may share the discovery materials he has received from Aaron Walker. No one. Not even one of the other defendants—they weren’t parties to that discovery.

<mockery>I simply don’t understand TDPK’s strategy of continuing to thumb his nose at Judge Potter’s instructions. Furthermore, I don’t understand why FMNR thinks that posting that sort of stuff will be looked on favorably by the judge. Maybe he really thinks that he has dodged service in the suit. If so, he’s in for a nasty surprise.</mockery>

Dan Backer has been kidding my about my salt consumption with all this popcorn. Actually, I eat it unsalted. The stuff I bought from the Boy Scouts has a smooth, naturally buttery flavor when I pop it in the microwave. I recommend it.

Stay tuned.

UPDATE—Mr. Backer has sent me an email about buying popcorn from Cub Scouts at his Metro stop this evening. Good.

Dread Pirate #BrettKmberlin and Open Questions

The Gentle Readers who have been following the Saga of TDPK for a while may remember that the 2010 IRS Form 990 for TDPK’s 501(c)4, Velvet Revolution US, showed that Brett Kimberlin lent the organization $4,500 dollars that year so that it could pay its bills. One wonders where that money came from considering his family’s apparent financial situation. In 2008, a local hospital got a judgment against a member of his family for a bit more than $5,500 (including legal fees) which has not been satisfied. The hospital is now seeking to garnish that person’s wages.

20121025-101210.jpg
Is VRUS’s cash flow really more important to TDPK than family health care bills?

While I haven’t written much about First Mate Neal Rauhauser, it fairly widely known about the Internet that he has said that he has a Glock pistol. Did he acquire it while he was a resident of Illinois? If he did, did he have a valid Illinois Firearm Owners ID card? An FOID is required even to buy ammunition in that state. If FMNR acquired the pistol in Maryland, did the transfer go through a licensed dealer as required by state law? Did he fill out the release for the State Police to check his mental health records? Did they?

Inquiring minds want to know.

UPDATE–It seems that there is an outstanding arrest warrant for FMNR in New Jersey. IANAL, but if, as Stacy McCain suggests, FMNR is now a fugitive, possession of a firearm would be a federal felony.