Team Kimberlin Post of the Day


Seven years ago, at least four bloggers who had written about Brett Kimberlin had been SWATted. They were Mike Stack, Patrick Frey (Patterico), Erick Erickson, and Aaron Walker. All of them, except Mike Stack, wound out as my codefendants in at least one of The Dread Deadbeat Pro-Se Kimberlin’s defamation LOLsuits. At the time, Erick Erickson was a contributor at CNN, so his SWATting got national coverage and prompted congressional interest in the crimes. Senator Saxby Chambliss (R-GA) too particular interest.

When Breitbart Unmasked tried to spin the story, I ran a post seven years ago today titled Brazen or Delusional? I Report. You Decide.

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Brietbart Unmasked (no, I won’t link to them), a web site believed to be affiliated with Brett Kimberlin, has posted it’s take on Senator Chambliss’ call for an investigation of the Swatting of conservative bloggers. In what appears to be either a brazen attempt to appear confident or a delusional disregard of reality, they say this:

Red State blogger and CNN contributor, Erick Erickson posted on his website that he and his family were victims of an attempted SWaT-ting. Another conservative blogger who said he was SWaT-ed was James [sic] Frey a blogger at the site Patterico’s Pontifications.

BU welcomes this investigation which will finally prove once and for all what liars these right wingers have been. The hope is that Eric Holder will find out that its all been a bunch of right wing bullshit aimed at destabilizing liberals, and that those responsible for spreading these malicious lies and falsehoods such as John [sic] “Patterico” Frey and others will finally pay the price for it. This field of nightmares has got to end badly for those responsible for spreading the hate as a revenge tactic by Aaron Justin Walker, Patterico, and others in the Breitbart orbit who have been guilty of spreading these seemingly never ending series of lies. I would recommend that they start with Patterico and then move on over to Robert Stacy McCain who has claimed he had to go into hiding over it; which one wonders if he is hiding because his handlers at the Bureau forced him to relocate due to some ongoing right wing hate investigation in which he is informing for them, or if he just left town so he could milk all the suckers out of their money to live rent free. Either way it is about time that someone seriously looked into these bullshit lies the right wing breitbots have been spreading around.

Uh, huh.

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Looking back over the past seven years, I’d answer the brazen v. delusion question by invoking the Power of AND.

I’m reasonably certain that Brett Kimberlin himself wrote that BU post just a few days after the unconstitutional gag order he had won against Aaron Walker was overturned. Aaron had been SWATted within hours of Kimberlin’s loss in court. And I find the bit about Stacy McCain’s imaginary FBI handlers especially ridiculous, bordering on hallucinatory.

Yet, in one sense Kimberlin got his wish about someone seriously looking to the bullshit lies surrounding his activities. He should have been more careful in what he wished for.

Team Kimberlin Post of the Day


I always enjoy reporting when some petty tyrant loses his attempt to quash someone else’s free speech. The TKPOTD from six years ago today was one such report.

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The Team Kimberlin lawfare strategy of using the courts to harass their enemies has not been an unalloyed success. Indeed, the dismissal of Nadia Naffe’s nuisance suit against Patrick Frey last week appears to have been a significant ding to their strategy.

The wheels of justice grind slowly, but they do grind on.

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And they grind exceedingly fine. I’m not done helping to turn the crank yet.

Team Kimberlin Post of the Day


Folks just finding this blog are sometimes confused by the ongoing coverage of Brett Kimberlin and his minions. This TKPOTD from four years ago provides some historical perspective. The Gentle Reader should note that it was written after Kimberlin had lost the first state LOLsuit, but before any of the follow on federal or state cases had been resolved.

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Every once in a while, I find it useful to present a review of some of the names used for Brett Kimberlin and Team Kimberlin and how they have evolved. After all, not all the Gentle Readers have been following The Saga since May, 2012, as I have.

Back in May, 2012, Brett Kimberlin had secured an unconstitutional gag order against Aaron Walker that prohibited Aaron from even speaking or writing about Kimberlin publicly. I began referring to Kimberlin as Lord Voldemort (i.e., “He who must not be named”) and his supporters as Death Eater Wannabes. After the gag order was overturned, it wasn’t long before Kimberlin put up a pirate-themed fundraising website called the Bloggers Offense  Fund. (That was an attempt to play on the name of a site called the Bloggers Defense Fund.) That’s when I began referring to Kimberlin as The Dread Pirate Kimberlin.

TDPKVarious members of Team Kimberlin have earned positions on the crew. These include First Mate Neal Rauhauser, Cabin Boy Bill Schmalfeldt™, Very Ordinary Seaman Ferguson, Chief Pedo Officer Gillette, and 57F Osborne.

In mid 2013, Kimberlin upped the ante in his campaign of lawfare. He filed suit against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. He sued us in a Maryland state court for $1,000,000 claiming a bunch of stuff that boiled down to defamation and false light invasion of privacy in the end. Following the Team Kimberlin lawfare strategy, TDPK sued us without hiring a lawyer. Self-representation is referred to a acting pro se. Thus, The Dread Pirate Kimberlin morphed into The Dread Pro-Se Kimberlin.

TDPK has also been referred to as The Dread Pedo Kimberlin and The Dread Performer Kimberlin in reference to the charges filed against him by his wife and to his singing, respectively.

I’ll conclude with these words which were originally posted in September, 2012—

The Dread Pirate Roberts, so the story goes, is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess, and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.

The Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.

It turns out that Dread Pirate Kimberlin’s legal acumen seems to be as fictional as Dread Pirate Roberts’ existence. And no one will surrender to Dread Pirate Kimberlin.

UPDATE—As Ron Coleman notes in his comment below, some of the defendants in the RICO Madness have surrendered to TDPK. However, most have not. Four of us beat him in state court. The same four and our codefendants will also beat him in federal court.

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I should make several follow up comments.

First, The Dread Deadbeat Pro-Se Kimberlin lost every single civil case he filed and saw every single criminal complaint he filed dropped.

Second, he morphed from Dread to Deadbeat by not paying any of the sanctions imposed  against him or costs taxed to him.

Third, Ron Coleman and his co-counsel Bruce Godfrey followed through with their pro bono representation of blogger Patrick Frey, winning a summary judgment in the defendant’s favor on Kimberlin’s civil rights claim against Patterico.

Congratulation, Pattercio!


Popehat reports that the Ninth Circuit Court of Appeals has affirmed the District Court’s finding in the Nadia Naffe nuisance lawsuit that Patrick Frey blogs on his own and not as a county employee. That was the basis for denying Naffe’s civil rights complaint in her lawsuit. Congratulations and thanks are also due to Ron Coleman and Ken White for their pro bono defense of Patterico’s First Amendment right to free speech and right to freedom of the press.

The Ninth Circuit’s opinion isn’t binding on the courts in the Fourth Circuit, but it should be viewed as persuasive authority by U. S. District Court where Brett Kimberlin is suing Patterico under essentially the same theory as Naffe’s.

BREAKING: SLAPP Suit Against Patterico Dismissed


(Bumped. Originally posted 19 April, 2013) Stay tuned for more details. Meanwhile, congratulations to Patrick Frey and his lawyers, Ken White and Ron Coleman.

UPDATE—The noted legal blog Breitbart Unmasked (No, I won’t link to it.) predicted that

[w]e expect Frey will have more success winning the case in his blog than in court[,]

but he seems to have been successful in court after all.

UPDATE 2—Ken White has a post at Popehat with details. Note that Ken White is a great friend of the First Amendment who has worked to defend Patrick Frey, a man with whom he often strongly disagrees.

UPDATE 3—From the Popehat commentary:

Observing commentary on the case has been . . . interesting. I’d divide the coverage into three camps. There are people who are supportive of Patrick, but whose coverage really doesn’t delve into the legal issues. There are the vapid and dishonest partisan hacks who attack Patrick for political reasons, and who don’t address the legal issues at all. There’s the greasy, demi-literate, demented Hutt who wrote an extended quasi-sexual fantasy about a mob murdering Patrick and me. Fun!

UPDATE 4—Patrick Frey has comments on the case here. Among his remarks he says this:

Hi, Bill Schmalfeldt! I understand you were curious about the result of this case. I’m happy to be sharing that with you! And, your sick, twisted fantasies notwithstanding, nobody has yet beaten me or Ken with baseball bats or tire irons. No group of men has thrown us in front of a moving truck as part of a conspiracy to cause our deaths. (If you think I am exaggerating, I have uploaded a .pdf of Schmalfeldt’s violent fantasy here.)

In the interest of balance, I will make a one-time exception and publish these excerpts from a comment Mr. Schmalfeldt attempted to make to this post:

I find it interesting that you go through such lengths to find a single post from a blog to prove “wrong” …

Schmalfeldt goes on to discuss the relative merits of other legal matters, and ends with these words:

I know, I know, this comment will never appear on your blog. But YOU will see it, and in your heart you will realize what a totally disgusting fraud you are. And you will have to live with that.

I’ll let Phaedrus have the last word.

Whoever is detected in a shameful fraud is ever after not believed even if they speak the truth.