Team Kimberlin Post of the Day

Yesterday, I reviewed the transcript of the Kimberlin v. Hoge peace order appeal trial that was held in the Circuit Court for Montgomery County in 2015. It was held before The Dread Pro-Se Kimberlin’s State Senator introduced the bill that removed Maryland’s prohibition on testimony by convicted perjurers, and I was struck that about a quarter of the proceeding dealt with whether Brett Kimberlin would be allowed to testify. He wasn’t.

He had also expected to act as counsel for his daughter in the case, but that was dealt with quickly.

MR. KIMBERLIN: Yeah, but somebody has to present the case. I have all the evidence. I have all the documents, you know, and —

THE COURT: Okay. But you could have hired an attorney for your daughter.

MR. KIMBERLIN: I could have hired an attorney, I guess, but I haven’t had, I didn’t do that in the District Court, and the District Court let me present all the evidence that I’m going to present here. And you know, I mean, how can you — a father has a right to, to come in and present his case for the daughter. I mean, it’s, that’s elementary. It’s, I mean, she, she can’t do it herself.

THE COURT: You know, I don’t know. You do have a problem here which, if you had hired an attorney, you wouldn’t have the problem.

So I’m not going to allow you to act as a lawyer. You’re not barred in the State of Maryland. You really can’t act as an attorney for your daughter. And I think the cases make — as I said, conflict with the statute, but they make you incompetent to testify, so I don’t know in what capacity you’d be filling me in on what your daughter’s case is.

Can’t be a lawyer, since you’re not barred. Can’t be a witness.

The District Court’s denial of the peace order petition was upheld.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day

Continuing with our series of Team Kimberlin’s failures to properly adhere to the Nine Principles of Warfare in its campaign of lawfare, let’s consider mass.

Mass – Concentrate the effects of combat power at the decisive place and time. Commanders select the method that best fits the circumstances. Massed effects overwhelm the entire enemy or adversary force before it can react effectively.

—U. S. Army FM 3-0

The closest that The Dread Pro-Se Kimberlin came to the proper application of mass was a series of actions he tried to take against me during the late winter and spring of 2015. Shortly after Mrs. Hoge’s health problems became publicly known, the attack opened with bogus emails to the Director of Goddard Space Flight Center and the Administrator of NASA about me. This was followed up with a false peace order petition, the second RICO LOLsuit, false complaints about my business and personal Twitter accounts, the second state LOLsuit, and a false criminal complaint against me. While there was an attempt to sorta/kinda synchronize the various activities, but the effort failed because of half-assed implementation. The power applied was not overwhelming, and it was not applied in a decisive or timely manner.

I can’t say anymore about the emails to NASA other than they backfired. The peace order petition was a bit of a hassle, but my lawyer dealt with it handily. The second RICO LOLsuit was a poorly drafted loser which required a trivial amount of my time to defend pro se compared to the first RICO case. I’m back on Twitter, and Twitter has apologized to me. My lawyer got the second state lawsuit dismissed based on res judicata, meaning that the court found that the case was an improper, redundant suit. That finding sets up several interesting possibilities for actions I might take in response. Best of all, the criminal charge was dropped for lack of evidence.

Thus, rather than massing his assets in a coordinated, effective way, TDPK wasted time and effort and wound up exposing himself to counter-action. The Gentle Reader should not be surprised if that counter-action comes from more than one direction at once, effectively coordinated in accordance with the principle of mass.


Team Kimberlin Post of the Day

There three first anniversaries of significant lawfare events this week.

Yesterday was the anniversary of the Maryland District Court’s denial of the bogus peace order petition The Dread Pro-Se Kimberlin filed against me.

Wednesday will be the anniversary of the filing of the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.

Thursday will be the anniversary of Judge Hazel’s dismissal of all but one count against Patrick Frey of the Kimberlin v. The Universe, et al. RICO Madness LOLsuit.

PreparationH96ctButthurt is not a tort, but it can be treated.

Click on the image on the left to make a purchase via Amazon.

And stay tuned.

Peace Order Update

Following Judge Clark’s advice, I filed for a peace order against Bill Schmalfeldt in Howard County this afternoon. Judge Ricardo Zwaig denied the petition. His grounds for denial were the same as were rejected on appeal in an earlier peace order. Judge Zwaig also disagreed with Judge Clark on whether venue should have been an issue during this morning’s hearing.

Appeal paperwork for both decisions has been drawn up and will be filed over the weekend. One appeal is to the Circuit Court of Carroll County. The other is to the Circuit Court of Howard County.

I don’t plan to have any substantive public comments on either appeal until the respective courts have ruled.

Hoge v. Schmalfeldt and Schmalfeldt v. Hoge, et al.

A hearing to determine if a final peace order will be issued against Bill Schmalfeldt is scheduled for 10:30 this morning in the District Court in Westminster, Maryland.

A hearing on my motion to dismiss the Schmalfeldt v. Hoge, et al. LOLsuit is scheduled for 8:30 am on 3 June in the Circuit Court for Howard County. That motion to dismiss is for failure to state a claim upon which relief can be granted (Maryland Rule 2-322(b)(2)). This morning, I mailed a second motion to dismiss that suit to the Circuit Court for Howard County (and the Cabin Boy™). That motion is based on Maryland Rule 2-322(a). I hope to be able to publish the motion later today.

Stay tuned.